STATEMENT

JUSTICE ROSS, PRESIDENT

MELBOURNE, 21 AUGUST 2018

Award

Method of payment

Provision for payment on termination

Timeframe for payment on termination

Aged care award 2010 [MA000018]

Cash or EFT

Clause 17.3

When notice of termination of employment has been given by an employee or an employee’s services have been terminated by an employer, payment of all wages and other moneys owing to an employee will be made to the employee by no later than the last day of the formal notice period.

Aluminium Industry Award 2010 [MA000060]

Cash, cheque or EFT

Clause 17.3

On termination of employment, wages due to an employee must be paid on the day of termination or paid to the employee by the next regular pay day in accordance with clause 17.2.

Asphalt Industry Award 2010 [MA000054]

Cash, cheque or EFT

Clause 19.3

On termination of employment the wages due to an employee must be paid on the day of termination or be forwarded to the employee within 2 business days after termination.

Black Coal Mining Industry Award 2010 [MA000001]

Cheque or EFT

Clause 16.7

Upon termination of employment, wages due to an employee will be paid on the day of such termination or forwarded by post, within 72 hours, to the last address notified in writing by the employee.

Note also cl. 13.5 which sets out payments on termination.

Building and Construction General On-site Award 2010 [MA000020]

Cash, cheque, bank cheque or EFT

Clause 31.4

When notice is given, all monies due to the employee must be paid at the time of termination of employment. Where this is not practicable, the employer will have two working days to send monies due to the employee by registered post (or where paid by EFT the monies are transferred into the employee’s account).

Business Equipment Award 2010 [MA000021]

Cash, cheque or EFT

Clause 25.4

Upon termination of employment, the wages due to an employee must be paid on the day of such termination or forwarded by post on the next working day.

Children’s Services Award 2010 [MA000120]

Cash, cheque or EFT

Clause 19.3

Where an employee lawfully leaves their employment they will be paid all moneys due at the time of leaving by cash, cheque or electronic funds transfer. Alternatively, the employee may be paid on the next working day where this is reasonable.

Dry Cleaning and Laundry Industry Award 2010 [MA000096]

Cash or EFT

Clause 19.3

When notice of termination of employment has been given by an employee or an employee’s services have been terminated by an employer, payment of all wages and other money owing to an employee will be made to the employee by no later than the last day of the formal notice period.

Electrical, Electronic and Communications Contracting Award 2010 [MA000025]

Clause 22.3

(a) On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.
(b) Where an employee is paid under a rostered day off system and has accrued a credit towards a rostered day off such credit must be taken into account in calculating wages due on termination.

Food, Beverage and Tobacco Manufacturing Award 2010 [MA000073]

Cash, cheque or EFT

Clause 28.3

On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee on the next working day.

Graphic Arts, Printing and Publishing Award 2010 [MA000026]

Cash, cheque or EFT

Clause 28.5

On termination of employment, all monies due to an employee must be paid on the day of termination. When an employee is dismissed without notice all monies are to be forwarded to the employee by post or electronic funds transfer by the end of the next business day following the termination.

Horse and Greyhound Training Award 2010 [MA000008]

Cash, cheque or EFT

Clause 18.1

When an employee’s employment is terminated before the usual payday, the employee must be paid all wages and holiday pay to which the employee is entitled within 24 hours of leaving the employer’s service.

Horticulture Award 2010 [MA000028]

Cash, cheque or EFT

Clause 19.3

On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.

Manufacturing and Associated Industries and Occupations Award 2010 [MA000010]

Cash, cheque or EFT

Clause 34.3

On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.

Market and Social Research Award 2010 [MA000030]

EFT or by agreement cash or cheque

Clause 19.5

An employer must, on request, provide to an employee on termination a detailed statement of outstanding entitlements. The wages due to an employee must be paid on the day of such termination or forwarded via post on the next working day.

Meat Industry Award 2010 [MA000059]

“In manner agreed”

Clause 29.2

Upon termination of employment, any wages due to an employee will be paid on the day of such termination or, at the employee’s option, forwarded to them on the next working day.

Mobile Crane Hiring Award 2010 [MA000032]

Cash, cheque or EFT

Clause 19.5

Upon termination of employment, wages due will be paid on the day of such termination or forwarded by electronic transfer or post on the next working day.

Nursery Award 2010 [MA000033]

Cash, cheque or EFT

Clause 22.3

On termination of the employment, the wages due to an employee must be paid on the day of termination or be forwarded to the employee within 2 business days after termination.

Nurses Award 2010 [MA000034]

Cash, cheque or EFT

Clause 18.3

When notice of termination of employment has been given by an employee or an employee’s services have been terminated by the employer, payment of all wages and other monies owing to an employee will be made to the employee.

Passenger Vehicle Transportation Award 2010 [MA000063]

The employer at its discretion may pay an employee by electronic funds transfer to a bank account nominated by an employee

Clause 19.4

Notwithstanding anything contained in this clause, the employer must pay to an employee who leaves or is dismissed all moneys due to the employee within two working days.

Pastoral Award 2010 [MA000035]

Cash, cheque or EFT

Clause 16.3

On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.

Pharmaceutical Industry Award 2010 [MA000069]

Cash, cheque or EFT

Clause 21.3

On termination of employment the wages due to an employee must be paid on the day of such termination or be forwarded to them within 2 business days after termination.

Plumbing and Fire Sprinklers Award 2010 [MA000036

Cash, cheque, bank cheque or EFT

When notice is given in accordance with clause 17—Termination of employment, monies due to the employee must be paid at the time of termination. Where this is not practicable monies will be sent by registered post or, if the employee is normally paid by electronic funds transfer, transferred into the employee’s account within two working days.

Note- penalty payment for waiting time (ordinary rates for 8 hours per day for up to a week)

Professional Diving Industry (Industrial) Award 2010 [MA000108]

Cash, cheque, bank cheque or EFT

Clause 19.4

On termination of employment, wages due to employees must be paid to them on the day of such termination or forwarded to them by post on the next working day.

Professional Diving Industry (Recreational) Award 2010 [MA000109]

Cash, cheque, bank cheque or EFT

Clause 18.4

On termination of employment, wages due to employees must be paid to them on the day of such termination or forwarded to them by post on the next working day.

Restaurant Industry Award 2010 [MA000119]CSH,

Cash, cheque or EFT

Clauses 27.4 and 27.5

27.4 When notice of termination of employment has been given by an employee or an employee’s services have been terminated by an employer, payment of all wages due must be made during working time, prior to the employee leaving their employment.

27.5 Where an employee is dismissed for misconduct the employee must be paid within one hour of their dismissal or as soon as practicable thereafter.

Road Transport (Long Distance Operations) Award 2010 [MA000039]

EFT at the employer’s discretion

Clause 18.3

Notwithstanding anything contained in this clause, the employer must pay to an employee who leaves or is dismissed all money due to the employee immediately

Road Transport and Distribution Award 2010 [MA000038]

EFT at employer’s discretion

Clause 20.3

Notwithstanding anything contained in this clause, the employer must pay to an employee who leaves or is dismissed all moneys due to the employee forthwith.

Seafood Processing Award 2010 [MA000068]

Cash, cheque or EFT

Clause 21.3

On the day of termination or forwarded within 48 hours.

Silviculture Award 2010 [MA000040]

Cash, cheque or EFT

Clause 21.3

When notice is given in accordance with the NES, all money due to the employee pursuant to this award must be paid at the time of termination. Where this is not practicable, the employer must, within two clear working days of the termination, transfer all money due by electronic funds transfer or by registered post to the employee’s home address.
Any time spent waiting beyond the two working days must be paid for at ordinary rates of eight hours per day for up to one week.

Storage Services and Wholesale Award 2010 [MA000084]

Cash or cheque during working hours or by EFT

Clause 20.3

On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee as soon as reasonably practicable and within two working days after the termination.

Supported Employment Services Award 2010 [MA000103]

Cash, cheque or EFT, as determined by employer.

Clause 18.4 and 18.5

18.4 Where an employee is discharged from employment the employee will be paid immediately for all wages, overtime, pro rata payment for annual leave, annual leave loading or any remuneration due. Payment may be made by cash, cheque or electronic funds transfer at the discretion of the employer.

18.5 Where an employee lawfully leaves their employment they will be paid all monies due at the time of leaving. Payment may be made by cash, cheque or electronic funds transfer at the discretion of the employer.

18.6 In the event of a delay of this payment, within the control of the employer, the employee to be paid ordinary time rates for ‘waiting time’. Time kept waiting will be deemed to operate after 6pm on the Friday of each pay week where payment made by EFT.

[Timber Industry Award 2010 [MA000071]]

Cash, cheque or EFT

Clause 25.3

25.3(a) Upon termination after the prescribed period of notice, or where the notice period has been dispensed with in accordance with clause 15 (Redundancy) all monies must be paid at the usual place of payment within 15 minutes of the ceasing time on the day of the termination of employment. If the usual place is at work in the bush, within 30 minutes of the usual ceasing time.

25.3(b) - If the employment is otherwise terminated, no later than the expiration of the pay period.

Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089]

Cash or, with the agreement of the majority of workers in a workplace, by cheque or direct transfer.

An employer and an employee may agree to pay by cheque or direct transfer.

Clause 24.4

(a) Upon termination of the employment, the employer will pay wages due to an employee:
(i) on the day of such termination;
(ii) by forwarding such wages to the employee on the next working day; or
(iii) at the employer’s place of business on a stated day not later than seven days after such termination. If the employer requires the employee to visit such place of business to collect wages then, in addition to the amount of moneys due, the employer will pay the employee an additional four hours’ ordinary pay.
Except that where an employee abandons his or her employment or the employee’s employment is terminated without notice for serious and wilful misconduct the employer will pay the wages due to the employee within two business days (not including a Saturday, Sunday or public holiday) of the termination.
(b) An employer may deduct from monies due to an employee such amount as is authorised in writing by the employee for a lawful purpose specified in the authority.

Waste Management Award 2010 [MA000043]

At the employer’s discretion, by EFT.

Clause 24.3

Despite anything contained in this clause, the employer must pay to an employee who leaves or is dismissed all money due to the employee as soon as possible.

Wine Industry Award 2010

Cash or EFT

Clause 26.3

On termination of the employment, wages due to an employee must be paid on the day of such termination or be forwarded to the employee on the next working day.